Unfair dismissal

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In October 2025, the Labour court concluded that the broker that serviced high profile wealth clients had reasonable reasons for dismissal of a wealth manager and that the employee’s explanation for her misconduct was unacceptable. The court explained that the arbitrator should have considered what was reasonable and fair for an employer in the applicant’s…

It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.

The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU…